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Calcutta High CourtCRM(DB)/448/2023rejected

Tafikul Miah v. The State Of West Bengal

2023-08-21Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 21.08.2023 Court No.1 Item.15 (sg/KS) CRM (DB) 448 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Sitai Police Station Case No.178 of 2022 dated 04.11.2022 under Sections 498A/302 of the Indian Penal Code. And In the matter of: TAFIKUL MIAH . .. . . . . .Petitioner.

Mr. Partha Pratim Sarkar Mr. Sandip Guha Roy For the petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Aniruddha Biswas For the State 1.

The petitioner renews the prayer for bail without having any subsequent event to show for reconsideration of the prayer. The only ground taken is that the petitioner is not a threat to the two minor children as opposed to the recording in the order passed by a Co-ordinate Bench on 2nd May, 2023.

2.

The other ground taken is that charges may not be framed on 30th August, 2023, which is the date specified for such. We find this ground to be speculative.

3.

We note the gravity of the offence and accordingly reject the prayer for bail. 4.

Needless to say, the petitioner will be permitted to seek appropriate orders if there is undue delay in the trial.

5.

Accordingly, CRM (DB) 448 OF 2023 is rejected in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)